[2025] KEHC 9332 (KLR)

[2025] KEHC 9332 (KLR)

The court found that the Certificate of Costs dated 13/2/2025 for Kshs.321,678/- had not been set aside or varied, and the respondent did not oppose the issuance of judgment in its terms. The court further held that interest at 14% per annum is chargeable from 30 days after service of the fee note, as provided under Rule 7 of the Advocates Remuneration Order, since there was evidence of service and non-payment. The respondent's opposition was limited to the interest and a request for payment by instalments, which did not affect the applicant's entitlement to judgment. Accordingly, the application was found meritorious and judgment was entered for the applicant for the certified sum with...

Citation
[2025] KEHC 9332 (KLR)
Parties
Applicant: Peter M. Karanja Advocate; Respondent: Sammy Traders Limited
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
27 June 2025
Case Number
Civil Miscellaneous Application E294 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Motion for Judgment Under Section 51(2) of the Advocates Act
Outcome
application allowed; judgment entered for applicant with interest
Judges
A Mabeya
Legal Topics
Advocate Client Costs, Taxation of Costs, Certificate of Costs, Interest on Costs
Source Language
English
Civil Procedure Commercial and Corporate Advocate Client Costs Taxation of Costs Certificate of Costs Interest on Costs

Case Brief

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Parties

Peter M. Karanja Advocate

Applicant

Sammy Traders Limited

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Motion for Judgment Under Section 51(2) of the Advocates Act

Legal Issues

  1. 1 Whether the applicant is entitled to judgment in terms of the Certificate of Costs under section 51(2) of the Advocates Act.
  2. 2 Whether interest at 14% per annum is chargeable from 30 days after service of the fee note under Rule 7 of the Advocates Remuneration Order.
  3. 3 Whether the respondent's opposition to interest and request for payment by instalments is valid.

Ratio Decidendi

The court found that the Certificate of Costs dated 13/2/2025 for Kshs.321,678/- had not been set aside or varied, and the respondent did not oppose the issuance of judgment in its terms. The court further held that interest at 14% per annum is chargeable from 30 days after service of the fee note, as provided under Rule 7 of the Advocates Remuneration Order, since there was evidence of service and non-payment. The respondent's opposition was limited to the interest and a request for payment by instalments, which did not affect the applicant's entitlement to judgment. Accordingly, the application was found meritorious and judgment was entered for the applicant for the certified sum with...

Court Disposition

application allowed; judgment entered for applicant with interest

Orders

  • Judgment is entered for the applicant/advocate against the respondent/client for Kshs.321,678/- together with interest at 14% per annum from 12/7/2021 until payment in full.